Ed Forchion aka NJ Weedman, 4/25/2012, op-ed, news, politics
My Prosecution - On May 1st, 2012 I go on trial in Burlington County Superior Court before Judge Delehey. In most cases a defendant is told not to talk about the case, the facts and follow attorney advice to keep quiet. In my case I refuse to keep quiet, I’m telling the facts and I’m representing myself. While most defendants are afraid; I’m looking forward to confronting the State of New Jersey in court over the “FLAWED” State criminal marijuana law I’ve been “Indicted” for clearly violating. I openly admit I had a pound of medical marijuana I obtained legally in California, it was mine, for me and I not only want to be found not guilty but want the state to give me back my medicine and the money I had in my pocket! A lot has been discussed in the media recently about medical marijuana and of imprisoned medical marijuana patient John Ray Wilson; I refuse to be another John Ray Wilson. His mistake was following the advice of lawyers and letting them speak for him.
My plan of defense to this INDICTMENT is simple and straight forward. I wish only to tell the truth to my Jury, it is the State that is trying to present a LIE as Law. I’m utilizing a open avocation of Jury Nullification (http://home.njweedman.com/node/17) as my defense, I’m openly going to encourage the Jury to disregard the law and acquit me, because the law is wrong not I. That is my defense; the LAW is wrong, it’s a lie and the Jury can dis-regard this bogus, outdated law and simply say “Not Guilty”. Burlington County Prosecutor Michael Luciano and Judge Delehey have tried numerous tactics to prevent me from utilizing this constitutionally legal tactic. Luciano at every hearing complains that I shouldn’t be allowed to do this, at one point Judge Delehey in attempting to appease Luciano removed me from self representation supporting LUCIANOs attempt to protect the law from my Truth defense. Only to re-instatement me later as it was clear his action of removing me was UNCONSTITUTIONAL. Luciano and other state officials in the Christie Administration contacted the U.S. (in)Justice Department DEA agents in Los Angeles and had them raid and ruin my business ( The Liberty Bell Temple ) in Los Angeleson Dec 13th, putting me out of business in another attempt to undermine my ability to defend myself against these charges. This case will not only be a test of Christie’s Marijuana Policies but of the legality of Jury Nullification.
The truth is the NJ Constitution gives a Jury the right and power to nullify a law, for the Jury has the power to utilize its own conscience, to judge a law, and to render a verdict/decision reflective of that. The legal establishment tries to hide this fact from jurors and defendants. Unfortunately for Christie, Luciano I’m informed and plan on informing my jury.
NJ Const., Article 1 paragraph 6 – “In all prosecutions or indictments .…the truth may be given in evidence to the jury; ….and the jury shall have the right to determine the law and the fact”.
HOW DID WE GET HERE
On Jan 18th 2010 outgoing NJ Governor Corzine signed into law NJ Medical Marijuana Compassionate Use Act which recognized the fact that marijuana has medical value. Incoming Governor Christie immediately began to undermine and blocked implementation of it. Two years later Christie and his policy of impeding the medical marijuana act has been successful. Not one patient has received medical marijuana thru legal state channels, not one (ATC) alternative treatment center has opened, no patient has been approved to receive marijuana thru our state system and there isn’t any marijuana being grown for the program. While Mr. Wilson sits in prison for growing his own medicine the Governor questions Mr. Wilson’s illness! In all honesty many still get their marijuana thru the black-market anyway and the marijuana they get is better than the inferior marijuana that Christie envisions will be grown thru the state system. Christies “goofy” marijuana policies do nothing but encourage those like myself with the means, knowledge and ability to supply them. On May 1st his policies go before my JURY too.
At the time of the passage of the Medical marijuana Act I said it was a step in the right direction but I openly criticized it as being seriously flawed and unworkable and many of my fellow marijuana activist criticized me for saying it, but like usual I was just ahead of my time and here we are over two years later and everything I predicted has come true. I vowed to challenge the LAW with a JURY.
God blessed me and made it happen
Three months after the passage of the NJ Medical Marijuana Act on April 1st(April fools ) 2010 I was arrested by a NJ State Trooper after I arrived from California carrying my own medicine. The BC Prosecutors Office didn’t charge me with violating an aspect of the newly passed medical marijuana act, they “INDICTED” me with violating the state’s criminal marijuana statute (N.J.S.2C:43-3 ). WTF? Which was a serious legal error, the criminal marijuana statute I’ve been indicted for violating statutorily describes marijuana as a schedule 1 drug (having no medical value)! This criminal LAW is clearly outdated and was rendered moot with the passage of the medical marijuana act, it’s obviously a LIE that the Burlington County Prosecutors Office is attempting to ease past the jury. The law is clearly flawed and the Jury has the right to be presented THE TRUTH. My arrest unlike John Ray Wilson who’s arrest (10/2009) was three months prior to passage of the Medical Marijuana Act was 3 months after NJ recognized marijuana’s medical value with the passage of the medical marijuana act. The State is attempting to have it both ways yet I have a constitutional right to present this FACT to the Jury.
I'm a dual citizen of NJ and Ca and I have a federal Right to Travel “medical marijuana patient” or not. Do patients who use Aspirin, Hydrocordone or Vicodin have to switch medicines or discard them when crossing state lines? My jury has the right to know the marijuana I had, was obtained in California legally, I had a medical marijuana recommendation from a California doctor and I have a medical marijuana patient card issued by the State of California. At time of my arrest I said it was the State of New Jersey that had made the APRIL FOOLISH mistake of arresting me; “NJWEEDMAN SUPER-HERO of the POTHEADS”. These are the facts I plan on presenting to my jury as the NJ Constitution says “the jury shall have the right to determine the law and the fact”